Angelika Kluk murder case
Encyclopedia
The Angelika Kluk murder case was a criminal trial
that took place at the High Court of Justiciary
, Edinburgh
, between 23 March and 4 May 2007.
Angelika Kluk (February 1983 - 24 September 2006) was a Polish student from Skoczów
who was studying Norwegian
at the University of Gdańsk. She was the younger daughter of Władysław and Henryka Kluk who were divorced when she was 5 years old. She was initially looked after by her mother but she and her older sister Aneta were brought up by her father.
The result of the trial was that the defendant Peter Tobin
was found guilty of raping
and murder
ing Kluk, and was sentenced to life imprisonment
, to serve a minimum
of 21 years. In sentencing Tobin, Judge Lord Menzies
described him as "an evil man".
In September 2006, Tobin was working as a church handyman in St. Patrick's Roman Catholic Church, Anderston
, Glasgow
. He had assumed the name "Pat McLaughlin" to avoid detection by police and probation officials as he was still on the sex offenders register following his 1994 rape and assault of two teenage girls in Hampshire
.
Kluk was a Polish languages student on a working holiday in Glasgow, who was last seen in the company of Tobin. She was a Catholic. At the time of her death, she was having an affair
with a 40 year old married man. She was stabbed, tied up, raped, beaten to death with a table leg, then concealed in a void beneath the floor near the confessional box in St. Patrick's Church. She had been missing for several days when police found her body on 29 September 2006. Tobin was arrested shortly after.
The trial resulted from the evidence gathered under the supervision of Detective Superintendent David Swindle of Strathclyde Police
and took place at the High Court of Justiciary
, Edinburgh, between 23 March and 4 May 2007.
The trial judge was Lord Menzies
; the prosecution was led by Advocate Depute Dorthy Bain, and the defence by Donald Findlay
QC
. Tobin denied raping and murdering Ms Kluk and claimed she had consented to having sex with him.
During the trial, former parish priest Father Gerry Nugent, a self-confessed alcoholic, repeatedly changed his story, evading questions about his relationship with Kluk and how he had come to know the location of her body. Nugent said he had sex with her 3 or 4 times. Nugent was eventually found guilty of contempt of court
by prevarication, and sentenced to one hundred hours of community service
and one year of probation
.
Nugent, who was 66, was found dead in his Glasgow home on 5 January 2010.
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
that took place at the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
, between 23 March and 4 May 2007.
Angelika Kluk (February 1983 - 24 September 2006) was a Polish student from Skoczów
Skoczów
Skoczów is a town and the seat of Gmina Skoczów in Cieszyn County, Silesian Voivodeship, southern Poland with 14,783 inhabitants . It lies in the historical region of Cieszyn Silesia....
who was studying Norwegian
Norwegian language
Norwegian is a North Germanic language spoken primarily in Norway, where it is the official language. Together with Swedish and Danish, Norwegian forms a continuum of more or less mutually intelligible local and regional variants .These Scandinavian languages together with the Faroese language...
at the University of Gdańsk. She was the younger daughter of Władysław and Henryka Kluk who were divorced when she was 5 years old. She was initially looked after by her mother but she and her older sister Aneta were brought up by her father.
The result of the trial was that the defendant Peter Tobin
Peter Tobin
Peter Britton Tobin is a convicted Scottish serial killer and sex offender now serving a sentence of life imprisonment for the murders of three young women....
was found guilty of raping
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
and murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
ing Kluk, and was sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
, to serve a minimum
Tariff (criminal law)
In England and Wales, life imprisonment is a sentence which lasts until the death of the prisoner, although in most cases the prisoner will be eligible for parole after a fixed period set by the judge. This period is known as the "minimum term"...
of 21 years. In sentencing Tobin, Judge Lord Menzies
Duncan Menzies, Lord Menzies
Duncan Adam Young Menzies, Lord Menzies QC is a judge of the Supreme Courts of Scotland.-Early life:Menzies was educated at the independent Cargilfield Preparatory School in Edinburgh, before obtaining a scholarship to Glenalmond College, Perthshire...
described him as "an evil man".
In September 2006, Tobin was working as a church handyman in St. Patrick's Roman Catholic Church, Anderston
Anderston
Anderston is a district in the Scottish city of Glasgow. It is on the north bank of the River Clyde and extends to the western edge of the city centre...
, Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
. He had assumed the name "Pat McLaughlin" to avoid detection by police and probation officials as he was still on the sex offenders register following his 1994 rape and assault of two teenage girls in Hampshire
Hampshire
Hampshire is a county on the southern coast of England in the United Kingdom. The county town of Hampshire is Winchester, a historic cathedral city that was once the capital of England. Hampshire is notable for housing the original birthplaces of the Royal Navy, British Army, and Royal Air Force...
.
Kluk was a Polish languages student on a working holiday in Glasgow, who was last seen in the company of Tobin. She was a Catholic. At the time of her death, she was having an affair
Affair
Affair may refer to professional, personal, or public business matters or to a particular business or private activity of a temporary duration, as in family affair, a private affair, or a romantic affair.-Political affair:...
with a 40 year old married man. She was stabbed, tied up, raped, beaten to death with a table leg, then concealed in a void beneath the floor near the confessional box in St. Patrick's Church. She had been missing for several days when police found her body on 29 September 2006. Tobin was arrested shortly after.
The trial resulted from the evidence gathered under the supervision of Detective Superintendent David Swindle of Strathclyde Police
Strathclyde Police
Strathclyde Police is the territorial police force responsible for the Scottish council areas of Argyll and Bute, City of Glasgow, East Ayrshire, East Dunbartonshire, East Renfrewshire, Inverclyde, North Ayrshire, North Lanarkshire, Renfrewshire, South Ayrshire, South Lanarkshire and West...
and took place at the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, Edinburgh, between 23 March and 4 May 2007.
The trial judge was Lord Menzies
Duncan Menzies, Lord Menzies
Duncan Adam Young Menzies, Lord Menzies QC is a judge of the Supreme Courts of Scotland.-Early life:Menzies was educated at the independent Cargilfield Preparatory School in Edinburgh, before obtaining a scholarship to Glenalmond College, Perthshire...
; the prosecution was led by Advocate Depute Dorthy Bain, and the defence by Donald Findlay
Donald Findlay
Donald Findlay QC, is a well-known senior advocate and Queen's Counsel in Scotland. He has also held positions as a vice chairman of Rangers Football Club and twice Rector of the University of St Andrews...
QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
. Tobin denied raping and murdering Ms Kluk and claimed she had consented to having sex with him.
During the trial, former parish priest Father Gerry Nugent, a self-confessed alcoholic, repeatedly changed his story, evading questions about his relationship with Kluk and how he had come to know the location of her body. Nugent said he had sex with her 3 or 4 times. Nugent was eventually found guilty of contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
by prevarication, and sentenced to one hundred hours of community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
and one year of probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
.
Nugent, who was 66, was found dead in his Glasgow home on 5 January 2010.
See also
- Scots lawScots lawScots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
- Courts of ScotlandCourts of ScotlandThe civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
- High Court of JusticiaryHigh Court of JusticiaryThe High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, Edinburgh - Crown Office and Procurator Fiscal ServiceCrown Office and Procurator Fiscal ServiceThe Crown Office and Procurator Fiscal Service provides the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Her Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution,...
- Courts of Scotland
- Strathclyde PoliceStrathclyde PoliceStrathclyde Police is the territorial police force responsible for the Scottish council areas of Argyll and Bute, City of Glasgow, East Ayrshire, East Dunbartonshire, East Renfrewshire, Inverclyde, North Ayrshire, North Lanarkshire, Renfrewshire, South Ayrshire, South Lanarkshire and West...